■ Footnote slipped into law lets one developer sidestep local authority ■ One commissioner asks: What's next, law to change coastal height limit?

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■ Footnote slipped into law lets one developer sidestep local authority ■ One commissioner asks: What’s next, law to change coastal height limit?

St. Johns County commissioners, seething over secret legislative changes that cost them control over the development rights of 607 acres in Northwest St. Johns County, voted Tuesday to take no action on developer Joe Anderson’s application.

Anderson wants to build up to 670 homes on his property just north of River Town and call it Switzerland.

But Vice Chair Jay Morris said the Legislature had overstepped its bounds.

“This is (a) direct assault on St. Johns County,” he said. “And it’s the biggest end-run I’ve seen in my life.”

The county’s Planning & Zoning Agency initially approved his project, but later learned he didn’t qualify as an agricultural enclave.

That designation would have made him eligible to build “infill” homes. But the county wants to prevent urban sprawl by stopping developments like this, which have no roads, utilities or other homes nearby.

But, if someone were to change the state’s definition of an agricultural enclave, things could get done.

No one knows for sure, but commissioners believe that someone asked state Sen. Michael Bennett, R-Bradenton, to slip a footnote into a Senate growth management bill that allows Anderson’s property to suddenly qualify as an enclave.

Senate Bill 1180 passed on the last day of the 2012 session.

Bennett did not return phone calls requesting comment on who might have asked him to change the law.

Commission Chairman Ken Bryan had his suspicions.

“This bill was specifically tailored for this property,” Bryan said. “It’s very troubling. This is a typical example of big money (and) big development, where cash is king. What’s next? Can they do the same thing with building height? This is just the beginning, ladies and gentlemen.”

County Attorney Patrick McCormack said that whatever the commission decided, the application would be going to Tallahassee for review by state agencies.

To the board, approving a project that was only viable because of a deceptive law change was out of the question. But McCormack said that denying it could bring the wrath of the state.

‘No action’ for now

Their “No action” choice meant that the application will still be transferred but must wait 180 days. Perhaps the new law could be found unconstitutional during that time, one commissioner mused.

Commissioner Ron Sanchez said Tallahassee has said for years it wanted land decisions made on the local level.

“If they can do what they want, why are we all here? This is all orchestrated very badly. If (Mr. Anderson) has the power to do this, maybe he can get us some money for our roads,” he said, not joking.

McCormack said the statute was in place.

“There may be a question of its constitutionality. But that’s not the question on the table right now,” he said.

St. Augustine attorney George McClure, of McClure Bloodworth, representing Anderson, told the board, “We knew it would not be popular to add homes to the county’s 60,000 to 70,000 already approved.”

But he said the previous enclave law had been poorly drafted.

The changed law “is a way of saying ‘This is what (legislators) meant.’ It’s intended as a clarification. I don’t think there will be any serious doubt that this parcel (will be developed) like surrounding properties,” McClure said.

To deny the application requires clear and convincing evidence that there is a reason to deny, he said.

‘A disgrace’

Still, every resident who spoke decried the proposed homes.

Phyllis Abbatiello called the change in the law “underhanded and deceitful. I’d like to know how much money was transferred under the table to this (senator). Commissioners have the right to make the rules in this county. It’s a disgrace.”

People living in the new homes will flood local roads like State Road 13, a scenic highway, as well as County Road 210 and Greenbriar Road, she said.

Diane Woods said the Legislature was “stomping on the little people. We taxpayers are tired of paying for roads and schools for these developers.” She asked the commission to investigate how this happened.

“Don’t smooth this over,” she warned them.

Figures presented by the Office of Management and Budget indicated that the project would cost the county $51,000 more than the taxes collected.

Another resident said the property was an old World War II bombing range.

Commissioner Cyndi Stevenson said, “Mr. McClure said development would come to this property eventually. I don’t think that day is now. I don’t think that day is near.”

Sidebar

Switzerland’s cost of sprawl

* At 2.95 people per household, the project’s 670 homes would add 1,976 people to the area.

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bennett's practices of dollars for development !!! what else has he been taking cash for ??? the law wasn't broken, except in anderson's opinion,,, yet like a thief in the night,, bennett slips this rider in at the 11th hour,,, after all legislators have read the unabridged version of legislation !!! the people of bradenton,, ought to be real proud of their senator... we need to see if we can stick a knife in their backs sometime soon ???>>>yathink

Just moved here from New Orleans.
Geez, even in Louisiana the corruption isn't so up in your face.
Seems really dumb to be building more housing developments with the current situation, and arrogant to have the taxpayers picking up the associated costs.
Disgusting.